[Federal Register Volume 70, Number 87 (Friday, May 6, 2005)]
[Notices]
[Pages 24124-24126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2206]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-029]


Environmental Assessment and Finding of No Significant Impact 
Related to Exemption of Material in Accordance With 10 CFR 20.2002 for 
Proposed Disposal Procedures for the Yankee Atomic Electric Company; 
License DPR-003, Rowe, MA

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact.

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FOR FURTHER INFORMATION CONTACT: John Hickman, Division of Waste 
Management and Environmental Protection, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Mail Stop 
T7E18, Washington, DC 20555-0001. Telephone: (301) 415-3017; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) staff is considering a 
request dated December 22, 2004, as supplemented on February 7, 2005, 
by the Yankee Atomic Electric Company (YAEC or Licensee), to dispose of 
demolition debris from decommissioning of the Yankee Nuclear Power 
Station (YNPS) in Rowe, Massachusetts. The request for approval is 
submitted pursuant to section 20.2002 of title 10 of the Code of 
Federal Regulations (10 CFR 20.2002), ``Method of Obtaining Approval of 
Proposed Disposal Procedures.'' The licensee's request states that the 
material is acceptable for burial at a subtitle C Resources 
Conservation and Recovery Act (RCRA) hazardous waste disposal facility. 
The intended disposal location, Waste Control Specialists (WCS) located 
in Andrews, Texas has a RCRA permit issued by, and is regulated by, the 
State of Texas, Texas Commission of Environmental Quality (TECQ), and 
any disposal must comply with State requirements. This action, if 
approved, would also exempt the slightly contaminated material from 
further Atomic Energy Act and NRC licensing requirements. The NRC has 
prepared an Environmental Assessment (EA) in support of this proposed 
action in accordance with the requirements of 10 CFR part 51. Based on 
the EA, the NRC has determined that a Finding of No Significant Impact 
(FONSI) is appropriate.

II. Environmental Assessment

Background

    YNPS is a deactivated pressurized-water nuclear reactor situated on 
a small portion of a 2,200-acre site. The site is located in 
northwestern Massachusetts in Franklin County, near the southern 
Vermont border. The plant and most of the 2,200-acre site are owned by 
the YAEC. A small portion on the west side of the site (along the east 
bank of the Sherman Reservoir) is owned by USGen New England, Inc. The 
YNPS plant was constructed between 1958 and 1960 and operated 
commercially at 185 megawatts electric (after a 1963 upgrade) until 
1992. In 1992, YAEC determined that closing of the plant would be in 
the best economic interest of its customers. In December 1993, NRC 
amended the YNPS operating license to retain a ``possession-only'' 
status. YAEC began dismantling and decommissioning activities at that 
time. On November 24, 2003, in accordance with 10 CFR 50.82, YAEC 
submitted a License Termination Plan (LTP) for NRC approval. The LTP is 
still under review by the NRC.
    The waste material (the demolition debris) intended for disposal 
includes structural steel, soils associated with foundation excavations 
and PCB remediation, and concrete and/or pavement or other similar 
solid materials. The waste material proposed for disposal at the WCS 
facility will originate from the demolition and removal of structures 
and paved surfaces at the YNPS plant site, after the structure/surface 
has been decontaminated to remove areas of contamination above the 
release limits.
    The physical form of this demolition debris will be that of bulk 
material of various sizes ranging from the size of sand grains up to 
occasional monoliths with a volume of several cubic feet. YAEC, for the 
purpose of calculations, assumed the material to be a homogeneous 
mixture with a specific density of 1 gram per cubic centimeter during 
shipment and 1.5 grams per cubic centimeter after compaction in the 
disposal cell at WCS. The material will be dry solid waste containing 
no

[[Page 24125]]

absorbents or chelating agents. It is estimated that the mass of 
demolition debris originating from the decommissioning of the YNPS will 
total approximately 60 million pounds. After compaction, the estimated 
volume of material to be disposed of is approximately 250,000 cubic 
feet.

Proposed Action

    The proposed action is to approve the removal of approximately 
30,000 tons of demolition debris from the YNPS, in Rowe, Massachusetts, 
transportation of the debris and disposition at the WCS facility in 
Andrews, Texas. The proposed action would also exempt the low-
contamination material from further Atomic Energy Act and NRC licensing 
requirements. The 30,000 tons of demolition debris will consist of 
Steel, Soil and Asphalt, Reactor Support Structure (RSS) Concrete, and 
other Concrete. The proposed action is in accordance with the 
licensee's application dated December 22, 2004, as supplemented on 
February 7, 2005, requesting approval.

Need for Proposed Action

    The licensee needs to dispose of 30,000 tons of demolition debris 
since the YNPS site is currently conducting decontamination and 
decommissioning as allowed by 10 CFR 50.82. The licensee proposes to 
dispose of 30,000 tons of demolition debris at the WCS facility in 
Andrews, Texas, which is a subtitle C RCRA hazardous waste disposal 
facility. This proposed action, would also require NRC to exempt the 
low-contaminated material authorized for disposal from further AEA and 
NRC licensing requirements.

Alternatives to the Proposed Action

    Alternatives to the proposed action include: (1) No action 
alternative, (2) decontamination of the buildings and structures before 
demolition, or of the debris until no contamination can be detected, 
(3) decontaminating and conducting final status surveys of the 
buildings, and (4) handling demolition debris as low-level radioactive 
waste and shipping them to a low-level waste facility. YAEC has 
determined that disposal for these demolition wastes in a Subtitle C 
RCRA hazardous waste disposal facility is less costly than alternatives 
2, 3 and 4. Disposal of the demolition debris in the manner proposed is 
protective of the health and safety, and is the most cost-effective 
alternative.

Environmental Impacts of the Proposed Action

    The NRC has completed its evaluation of the proposed action and 
concludes there are no significant radiological environmental impacts 
associated with the disposal of 30,000 tons of demolition debris at 
WCS, a subtitle C Resources Conservation and Recovery Act (RCRA) 
hazardous waste disposal facility. This evaluation is for the disposal 
of the demolition debris at WCS irrespective of other materials 
disposed of at the facility. The licensee's analysis used conservative 
estimates of the average radionuclide concentrations based on ongoing 
site characterization. The licensee analyzed the dose to a transport 
driver, loader, disposal facility worker, and long-term impacts to a 
resident. Each of the analyses conservatively estimated the exposure to 
be less than 1.0 mrem total dose per year. The NRC has reviewed the 
licensee's analysis and agrees with the determination that the proposed 
action will not significantly increase occupational or public radiation 
exposures. The licensee's supplemental submittal provided an evaluation 
for an alternative transportation plan utilizing intermodal containers 
on a rail transport car. The licensee's analysis demonstrated that the 
exposure to workers involved in this shipment option was bounded by the 
analysis for truck shipment. The NRC has reviewed this analysis and 
agreed that the analysis for shipment by truck was bounding.
    With regard to potential non-radiological impacts, the disposal of 
demolition debris does not affect non-radiological plant effluents. 
There may be a slight decrease in air quality and slight increase in 
noise impacts during the loading and transportation of the demolition 
debris. However, there are no expected adverse impacts to air quality 
as a result of the loading and transportation of the demolition debris. 
The disposal of demolition debris does not take place in the vicinity 
of any identified historic sites. Therefore, the proposed action does 
not have a potential to affect any historic sites.
    YAEC initial submittal estimates that transportation of the 
demolition debris will require approximately 2,000 truck shipments. 
There is no anticipated overall impact from the alternate disposal as 
the shipping effort represents a small fraction of the national 
commercial freight activity. The total tonnage to be shipped represents 
<0.0005% of the total U.S. annual commercial freight trucking activity 
(based on 2002 data). Similarly, the total ton-miles for the alternate 
disposal represents <0.0087% of the total U.S. annual commercial 
freight trucking activity in the same time period. Additionally, these 
activities will be short in duration and minimal as compared to prior 
transportation of uncontaminated demolition debris from the YNPS. 
Therefore, there are no significant non-radiological environmental 
impacts associated with the proposed action.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the staff considered 
denial of the proposed action (i.e., the ``no-action'' alternative). 
The implications from the no-action alternative is that the demolition 
debris would remain on site until disposition sometime in the future. 
The impacts would therefore be limited to the site, and there would be 
no transportation impacts and no disposal considerations or impacts 
until sometime in the future.
    Two of the alternatives to the proposed action would be to 
decontaminate the buildings and structures prior to demolition or final 
status survey. The environmental impacts as a result of this 
alternative would decrease air quality, and increase the noise and 
water usage, as necessary, during the decontamination process. 
Additionally, there would be an increase in occupational exposure as a 
result of the decontamination process.
    Disposing of the demolition debris in a low-level waste disposal 
facility is another alternative to the proposed action. This 
alternative has similar environmental impacts as the proposed action 
but is more expensive.

Agencies and Persons Consulted

    This EA was prepared by John B. Hickman, Project Manager, 
Decommissioning Directorate, Division of Waste Management and 
Environmental Protection (DWMEP). NRC staff determined that the 
proposed action is not a major activity and will not affect listed or 
proposed endangered species, nor critical habitat. Therefore, no 
further consultation is required under section 7 of the Endangered 
Species Act. Likewise, NRC staff determined that the proposed action is 
not the type of activity that has the potential to cause previously 
unconsidered effects on historic properties, as consultation for site 
decommissioning has been conducted previously. There are no impacts to 
historic properties associated with the disposal method and location 
for demolition debris. Therefore, no

[[Page 24126]]

consultation is required under section 106 of the National Historic 
Preservation Act. The NRC provided a draft of its Environmental 
Assessment (EA) to the following individuals:
    Mr. Dave Howland, Regional Engineer, Massachusetts Department of 
Environmental Protection, Western Regional Office, 436 Dwight Street, 
Springfield, MA 01103, Hartford, CT 06106-5127.
    Mr. Michael Whalen, Radiation Control Program, Massachusetts 
Department of Public Health, 90 Washington Street, Dorchester, MA 
02121.
    Ms. Ruth McBurney, Texas Department of State Health Services, 
Radiation Control, 1100 West 49th Street, Austin, Texas 78756-3189.
    Ms. Susan Jablonski, Texas Commission on Environmental Quality, 
Mail Code 122, P.O. Box 13087, Austin, Texas 78711-3087.
    The Massachusetts Department of Environmental Protection stated the 
expectation that material leaving the YNPS site for disposal at WCS 
will be handled and transported consistent with all applicable 
Massachusetts Law and Regulation. The NRC staff also expects licensees 
to comply with all applicable transportation laws and regulations.
    The Texas Department of State Health Services (DSHS) provided 
several comments by letter dated March 24, 2005. In response to the 
DSHS comments, a statement was added to the Environmental Impacts of 
the Proposed Action section that this evaluation is for the disposal of 
the demolition debris at a subtitle C RCRA hazardous waste disposal 
facility irrespective of other materials disposed of at the facility. 
In addition, the Texas licensing authority over the WCS facility was 
clarified.
    DSHS also commented on the necessity of compliance with State 
regulatory requirements. The staff agrees with that comment and 
believes that the statement that, ``any disposal must comply with State 
requirements,'' adequately addresses that issue.
    The Texas Commission on Environmental Quality (TCEQ) provided 
comments by letter dated April 26, 2005. The primary focus of the TCEQ 
comments were on the Texas licensing requirements for the WCS facility 
and the authority for WCS to receive the radioactive material. This NRC 
action would permit Yankee to dispose of slightly contaminated 
demolition debris at the WCS facility, but does not authorize WCS to 
accept any material it is not otherwise licensed to receive under Texas 
licensing authority. As previously noted, ``any disposal must comply 
with State requirements.''
    TCEQ also noted that only the bounding transportation option, truck 
shipment, was addressed in the draft EA. The EA has bee revised to 
address the rail shipment option as well.

III. Finding of No Significant Impact

    On the basis of the environmental assessment, the NRC concludes 
that the proposed action will not have a significant effect on the 
quality of the human environment. Accordingly, the NRC has determined 
not to prepare an environmental impact statement for the proposed 
action.

Sources Used

--U.S. NRC Power Reactor License: Yankee Atomic Electric Company Docket 
Number 050-00029, License Number DPR-03.
--Yankee Atomic Electric Company, December 22, 2004, Request for 
Approval of Proposed Procedures in Accordance with 10 CFR 20.2002 for 
alternate disposal at the Waste Control Specialist, LLC Facility in 
Andrews, Texas, (ML050110132) as supplemented on February 7, 2005. 
(ADAMS Accession Number ML050470301).
--NRC 10 CFR 20.2002, ``Method of Obtaining Approval of Proposed 
Disposal Procedures.''
--NUREG-1640, ``Radiological Assessment for Clearance of Materials from 
Nuclear Facilities.''
--NUREG-1748, ``Environmental Review Guidance for Licensing Actions 
Associated with NMSS Programs.''
--U.S. DOT, Bureau of Transportation Statistics, ``Transportation 
Statistics Annual Report,'' September 2004.
--U.S. DOT, Bureau of Transportation Statistics, ``Freight Shipments in 
America,'' April 2004.
--NUREG-0586, Supplement 1, Generic Environmental Impact Statement of 
Decommissioning of Nuclear Facilities, November 2002.

IV. Further Information

    For further details with respect to the proposed action, see the 
licensee's letter dated December 22, 2004 (ADAMS Accession No. 
ML050110132), as supplemented on February 7, 2005 (ADAMS Accession No. 
ML050470301). The NRC Public Documents Room is located at NRC 
Headquarters in Rockville, MD, and can be contacted at (800) 397-4209. 
Documents may be examined, and/or copied for a fee, at the NRC's Public 
Document Room (PDR), located at One White Flint North, 11555 Rockville 
Pike (first floor), Rockville, Maryland. Publicly available records 
will be accessible electronically from the Agencywide Documents Access 
and Management System's (ADAMS) Public Library component on the NRC Web 
site, http://www.nrc.gov (the Public Electronic Reading Room). Persons 
who do not have access to ADAMS or who encounter problems in accessing 
the documents located in ADAMS should contact the NRC PDR Reference 
staff by telephone at 1-800-397-4209, or 301-415-4737, or by e-mail at 
[email protected].

    Dated in Rockville, Maryland, this 28th day of April, 2005.

    For the Nuclear Regulatory Commission.
Daniel M. Gillen,
Deputy Director, Division of Waste Management and Environmental 
Protection, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E5-2206 Filed 5-5-05; 8:45 am]
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